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Showing 27 posts in Copyright.

Copyright Doesn't Last Forever: Sherlock Holmes and the Public Domain

public domainThe Seventh Circuit Court of Appeals has recently affirmed a decision stating that many of the older Sherlock Holmes stories by Sir Arthur Conan Doyle are in the public domain. The court held that just because later versions of a character are still protected by copyright, does not mean that the copyrights in those earlier stories continue to exist beyond the copyright term. The Doyle estate argued that the later stories added to the "complexity" of the characters and should provide some measure of protection. Read More ›

Categories: Copyright

Rutgers Quarterback Victorious Against EA Sports

rutgers quarterbackRyan Hart is the former starting quarterback for Rutgers University. In addition to setting a number of school records and leading his team to its first bowl appearance since 1978, Hart has added a victory in the courtroom against Electronic Arts ("EA") to his list of accomplishments. In their NCAA Football series, EA Sports provides users with a realistic gameplay experience. Part of this realistic experience is characters that resemble real-life players. So when a player chooses Rutgers, the quarterback is number 13, is 6'2", weighs 197 pounds, and appears wearing a visor and an armband on his left wrist—the resemblance to Ryan Hart is nearly exact. In October of 2009, Hart filed suit against EA Sports for violating his right of publicity by using his appearance in the game.  Read More ›

Categories: Copyright, Personal Publicity Rights

Your Garage Sale could be at risk

garage saleIt might be illegal to sell those treasures.

The excitement of the hunt for the perfect item at the flea market or the thrill of selling your relative’s antique lamp at a great price could soon be dimmed by the Supreme Court of the United States.  Read More ›

Categories: Copyright, Intellectual Property

Intellectual Property Rights and the Crowdfunding Platform

crowdfunding platformCrowdfunding, some would say, is the new social networking platform of raising money from people online.  While crowdfunding is a relatively new term and concept, traditional principles of law still apply.  Artists, startups and online creators using this new platform are governed by Intellectual Property principles.

Intellectual Property (IP) refers to the creations of the mind; and most commonly include ideas or inventions, literary and artistic works, symbols that identify your brand, names, logos and/or competitive business ideas or information.  Under this broad umbrella of Intellectual Property, there are generally four categories that govern the use of Intellectual Property:

  1. Trademarks
  2. Patents
  3. Copyrights
  4. Trade Secrets

Before pitching or disclosing your concept to an online crowdfunding community to raise money these four categories of protection and the potential resulting consequences should be thoroughly examined.  Failure to do so could result in the inadvertent theft, infringement or forfeiture of your IP rights.  Let's take a deeper look at these four categories. Read More ›

Categories: Copyright, Crowdfunding, Intellectual Property, Patents, Trade Secrets, Trademarks, Venture Capital/Funding

Could Proposed Law Put Artists Like Justin Bieber in the Slammer?

The Commercial Felony Streaming Act (S.978) is pending introduction to the United States Senate.  If S.978 is passed, it would make the unauthorized streaming of copyrighted material a felony punishable by up to five years in prison.

The potential passage of S.978 has sparked fears that artists like Justin Bieber (who began his quest toward pop stardom by singing covers on YouTube!) could end up in jail. DemandProgress.org has even argued that S.978 could shut down Twitter, YouTube! and other popular sites. Read More ›

Categories: Copyright

Intellectual Property: The Basics and Your Business

intellectual propertyWhat is "intellectual property" and why should it matter to your business? At the most basic level, "intellectual property" is one of an organization's most valuable assets. Intellectual property frequently differentiates extraordinary companies from "average" organizations. For that reason, IP must be zealously protected.  IP breaks down into four areas: patents, trademarks, copyrights, and trade secrets. Read More ›

Categories: Copyright, Intellectual Property, Patents, Trade Secrets, Trademarks

Video Sharing Site NOT Liable for Infringement - DMCA

If you own or are operating a video or file sharing website that utilizes another's content (read another's copyrights) the following case presents you with a valid defense.  If you are the user whose copyright has been infringed, this law is worth knowing before proceeding with costly litigation.

Veoh Networks - a video hosting website - sought protection under the Digital Millennium Copyright Act's safe harbor provision against a user's infringement claims.  The user claimed Veoh (1) knew of and failed to remove infringing videos uploaded by other users; (2) had the ability to control infringing activity on its system; and (3) that its infringer policy was inadequate. Read More ›

Categories: Copyright, Intellectual Property, Social Media